VOLUNTARY PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT

(Utah – Governed by the Utah Uniform Parentage Act and Related Statutes)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Acknowledgment of Paternity
   3.2 Genetic Testing Procedures
   3.3 Birth Certificate & Vital Records Filing
   3.4 Child Support & Related Financial Obligations
   3.5 Medical & Dental Insurance Coverage
   3.6 Custody, Visitation & Parenting Time
   3.7 Tax Dependency & Related Benefits
   3.8 Life Insurance & Estate Planning
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

THIS VOLUNTARY PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT (the “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LEGAL NAME OF MOTHER], an individual residing at [ADDRESS] (“Mother”); and
• [LEGAL NAME OF FATHER], an individual residing at [ADDRESS] (“Father”).

Mother and Father are sometimes referred to individually as a “Party” and collectively as the “Parties.”

Recitals

A. The Parties are the biological parents of the minor child born on [DOB] in [COUNTY], Utah, currently known as [CHILD’S FULL LEGAL NAME] (the “Child”).
B. The Parties desire voluntarily and irrevocably (subject to rescission rights described herein) to establish the paternity of the Child pursuant to the Utah Uniform Parentage Act, Utah Code Ann. Title 78B, Chapter 15 (the “UUPA”).
C. The Parties further wish to set forth their respective rights and obligations concerning child support, custody, and related matters in accordance with Utah law.
D. Adequate consideration exists in the form of mutual promises, the benefits to the Child, and the avoidance of litigation.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein, the Parties agree as follows.

2. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Defined terms appear in initial capital letters throughout and are intended to be interpreted consistently.

“Agreement” has the meaning set forth in the Document Header.
“Child” means the minor child identified in Recital A, together with any potential change of name as may be effected.
“Family Court” means the Utah state district court sitting in the family law division having subject-matter jurisdiction over the Child.
“Guidelines” means the Utah Child Support Guidelines codified at Utah Code Ann. Title 78B, Chapter 12, as amended from time to time.
“Support” means child support, medical support, and any other financial obligations imposed on either Party by this Agreement or by operation of law.
“UUPA” has the meaning set forth in Recital B.
[// GUIDANCE: Add additional defined terms as necessary for unique client circumstances.]

3. OPERATIVE PROVISIONS

3.1 Acknowledgment of Paternity

3.1.1 Voluntary Declaration. Father hereby voluntarily acknowledges that he is the biological and legal father of the Child, and Mother concurs. This acknowledgment (“VPA”) is executed in the form prescribed by the Utah Department of Health, Office of Vital Records and Statistics, and shall be filed contemporaneously with this Agreement.

3.1.2 Legal Effect. Upon proper filing, the VPA shall have the same force and effect as a judicial order of paternity pursuant to UUPA § 301 et seq., subject only to the rescission and challenge rights outlined in Section 3.2 and Section 6.

3.1.3 Rescission Period. Either Party may rescind the VPA by submitting a notarized rescission form to the Office of Vital Records within the earlier of (a) sixty (60) days after execution or (b) the date of the first court proceeding relating to the Child in which either Party is a party. After such period, the VPA may be challenged only on the limited grounds permitted under UUPA § 307.

3.2 Genetic Testing Procedures

3.2.1 Right to Testing. Prior to the lapse of the rescission period, either Party may request, at that Party’s sole expense, genetic testing that complies with UUPA § 503 et seq.

3.2.2 Testing Protocol. Testing shall be (a) conducted by an accredited laboratory meeting American Association of Blood Banks (AABB) standards; (b) completed within thirty (30) days after a written request; and (c) provided to both Parties and the Office of Vital Records.

3.2.3 Effect of Results.
(a) Positive Result (≥ 99% probability): The VPA and this Agreement remain in full force.
(b) Negative Result: The VPA shall be void ab initio, and either Party may petition the Family Court for appropriate relief.

3.3 Birth Certificate & Vital Records Filing

Mother and Father shall cooperate to:
(a) File the executed VPA with the Office of Vital Records within ten (10) business days of execution; and
(b) Cause Father’s name to be added to the Child’s birth certificate.

3.4 Child Support & Related Financial Obligations

3.4.1 Monthly Support Amount. Commencing on the first day of the month following the Effective Date, Father shall pay Mother Support in the amount of [DOLLAR AMOUNT] per month, calculated in accordance with the Guidelines and based on disclosed gross monthly incomes of [FATHER’S INCOME] and [MOTHER’S INCOME].

3.4.2 Adjustment. The Support amount shall be recalculated (a) every three (3) years; or (b) upon a material change in either Party’s gross income exceeding 30%, in accordance with Utah Code Ann. § 78B-12-210.

3.4.3 Method & Timing of Payment. Support shall be (a) subject to immediate income withholding under federal and state law unless the Parties mutually agree in writing to an alternative method; and (b) payable on or before the first (1st) day of each month.

3.4.4 Arrears & Interest. Any delinquent Support shall accrue simple interest at the statutory rate.

3.4.5 Child Care & Extraordinary Expenses. The Parties shall share work-related child-care costs, uninsured medical expenses, and other agreed-upon extraordinary expenses in proportion to their respective incomes.

3.5 Medical & Dental Insurance Coverage

3.5.1 Primary Coverage. [DESIGNATE FATHER/MOTHER] shall maintain comprehensive medical and dental insurance for the Child as available at reasonable cost through employment or a government program.

3.5.2 Proof of Coverage. The providing Party shall furnish to the other Party written proof of coverage annually and upon request.

3.6 Custody, Visitation & Parenting Time

3.6.1 Legal Custody. The Parties agree that [SOLE / JOINT] legal custody is in the Child’s best interest.

3.6.2 Physical Custody & Parenting Plan. The Parties shall follow the Parenting Plan attached hereto as Exhibit A, incorporated by reference.

3.6.3 Modification. Custody and parenting time may be modified only by (a) written agreement executed with the same formality as this Agreement; or (b) order of the Family Court.

3.7 Tax Dependency & Related Benefits

Unless otherwise modified by a court order or subsequent written agreement, the Parties agree that:
• [DESIGNATE FATHER/MOTHER] shall claim the Child as a dependent in even-numbered tax years, and the other Party in odd-numbered tax years, provided that the claiming Party is current on all Support obligations as of December 31.

3.8 Life Insurance & Estate Planning

Each Party shall maintain a term life insurance policy in the face amount of not less than [FACE AMOUNT] naming the Child (directly or via trust) as irrevocable beneficiary until the Child attains the age of majority.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity & Authority. Each Party represents and warrants that:
(a) He or she has full legal capacity to execute this Agreement;
(b) No other person’s consent is required; and
(c) No prior court order conflicts with the terms hereof.

4.2 Accuracy of Financial Disclosures. Each Party represents that all financial information provided for Support calculations is true, complete, and accurate.

4.3 Survival. The representations and warranties herein shall survive execution and shall not merge into any judgment incorporating this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants. Each Party shall:
(a) Act in the Child’s best interests;
(b) Provide timely notice of any change in residence, phone number, or employment; and
(c) Allow the Child free access to the other Party’s contact information.

5.2 Negative Covenants. Neither Party shall:
(a) Relocate the Child outside the State of Utah for more than ninety (90) consecutive days without written consent or court order;
(b) Make disparaging remarks about the other Party in the Child’s presence; or
(c) Interfere with the other Party’s court-ordered parenting time.

5.3 Notice & Cure. Except for emergency matters, a Party alleging breach shall give written notice describing the breach in reasonable detail and allow a ten (10) day cure period before seeking judicial relief.

6. DEFAULT & REMEDIES

6.1 Events of Default include, without limitation:
(a) Failure to pay Support when due;
(b) Failure to provide insurance coverage required herein;
(c) Violation of custody or visitation terms; or
(d) Misrepresentation of material fact.

6.2 Remedies. Upon Default, the non-breaching Party may pursue any remedy available under Utah law, including but not limited to:
• Income withholding orders;
• Contempt proceedings;
• Judgments for arrears with statutory interest;
• Compensatory visitation; and
• Attorney fees and costs (see Section 6.3).

6.3 Fees & Costs. In any action to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorney fees and court costs.

[// GUIDANCE: Fee-shifting is common in Utah domestic matters and discourages frivolous litigation.]

7. RISK ALLOCATION

7.1 Indemnification. Not applicable by mutual intent of the Parties and as reflected in the metadata.

7.2 Limitation of Liability. Except for obligations expressly imposed by statute (including Support, medical expenses, and insurance obligations), neither Party shall be liable for incidental, consequential, or punitive damages arising out of this Agreement.

7.3 Force Majeure. A Party shall not be deemed in default for temporary inability to comply due to acts of God, war, or declared public health emergencies, provided that such Party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by the substantive and procedural laws of the State of Utah, without regard to conflict-of-laws principles.

8.2 Exclusive Forum. Any action or proceeding arising from or relating to this Agreement shall be brought exclusively in the Family Court sitting in [COUNTY], Utah.

8.3 Arbitration. The Parties acknowledge that arbitration is not available for matters of paternity, custody, or Support under Utah law; therefore, this Section intentionally left blank.

8.4 Jury Waiver. Pursuant to state practice in family matters, the Parties waive trial by jury.

8.5 Injunctive Relief. Nothing herein shall limit either Party’s right to seek immediate injunctive or equitable relief to enforce custody or Support obligations.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment shall be effective unless in writing and executed with the same formality. A waiver of any breach shall not operate as a waiver of any subsequent breach.

9.2 Assignment. Rights and obligations hereunder are personal and non-assignable, except by operation of law.

9.3 Successors & Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, administrators, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

9.5 Entire Agreement. This Agreement, including exhibits and the VPA, constitutes the entire understanding of the Parties and supersedes all prior agreements concerning the subject matter.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. Signatures delivered electronically or by facsimile shall be treated as originals for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT

State of Utah )
County of [__] )

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [MOTHER] and [FATHER], proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ____

[Seal]

[// GUIDANCE: Utah permits either notarization OR the signature of two disinterested adult witnesses for a voluntary declaration of paternity. Modify this block accordingly if witnesses are used in lieu of a notary.]

EXHIBIT A

PARENTING PLAN
[INSERT DETAILED VISITATION SCHEDULE, HOLIDAY ROTATION, TRANSPORTATION ARRANGEMENTS, COMMUNICATION PROTOCOLS, AND DISPUTE-RESOLUTION STEPS.]